KFLCC Kingdom Law 2nd Ed.

639

INSTITUTES

INSTANCE

INSTIGATION. Incitation; urging; so licitation. The act by which one incites an other to do something, as to commit som« crime or to commence a suit. State v. Frak er, 148 Mo. 143, 49 S. W. 1017.

office, which run in the name of the judge. Hallifax, Cavil Law, p. 156. In Scotch law. That which may be in sisted on at one diet or course of probation. Wharton. —Instance court. In English law. That division or department of the court of admir alty which exercises all the ordinary admiralty jurisdiction, with the single exception of prize cases, the latter belonging to the branch called the "Prize Court." The term is sometimes used in American law for purposes of explanation, but has no proper application to admiralty courts in the United States, where the powers of both instance and prize courts are conferred without any distinction. 3 Kent, Comm. 355, 378; The Betsey, 3 Dall. 6, 1 L. Ed. 485; The Emulous, 1 Gall. 563, Fed. Cas. No. 4,479. In Spanish law. The In stitution and prosecution of a suit from its commencement until definitive judgment. The first instance, "primera instancia," is the prosecution of the suit before the judge competent to take cognizance of it at its in ception; the second instance, "secunda in stancia" is the exercise of the same action before the court of appellate jurisdiction; and the third instance, "tercera instancia" is the prosecution of the same suit, either by an application of revision before the ap pellate tribunal that has already decided the cause, or before some higher tribunal, hav ing jurisdiction of the same. Escriche. "instantane ous" crime is one which is fully consummat ed or completed in and by a single act (such as arson or murder) as distinguished from one which involves a series or repetition of acts. See U. S. v. Owen (D. C.) 32 Fed. 537. instanter was had where a prisoner between attainder and execution pleaded that he was not the same who was attainted. When a party is ordered to plead instan ter, he must plead the same day. The term is usually understood to mean within twen ty-four hours. Rex v. Johnson, 6 East, 583; Smith v. Little, 53 III. App. 160; State v. Clevenger, 20 Mo. App. 627; Fentress v. State, 16 Tex. App. 83; Champlin v. Champ lin, 2 Edw. Ch. (N. Y.) 329. INSTANCIA. INSTANTANEOUS. An INSTANTER. Immediately; instantly; forthwith; without delay. Trial

INSTIRPARE.

To plant or establish.

INSTITOR.

Lat. In the civil law. A

clerk in a store; an agent.

INSTITORIA ACTIO. In the civil law. The name of an action given to those who had contracted with an institor (q. v.) to compel the principal to perform ance. Inst 4, 7, 2; Dig. 14, 3, 1; Story, Ag. § 426. INSTITORIAL POWER. The charge given to a clerk to manage a shop or store. 1 Bell, Comm. 506, 507. To inaugurate or com mence; as to institute an action. Com. v. Duane, 1 Binn. (Pa.) 608, 2 Am. Dec. 497; Franks v. Chapman, 61 Tex. 580; Post v. U. S., 161 U. S. 583, 16 Sup. a. 611, 40 L. Ed. 816. To nominate, constitute, or appoint; as to institute an heir by testament. Dig. 28, 5, 65. A person named in the will as heir, but with a direction that he shall pass over the estate to another designated person, called the "substitute." In Scotch law. The person to whom an estate is first given by destination or limita tion ; the others, or the heirs of tailzie, are called "substitutes." A name sometimes given to text-books containing the elementary prin ciples of jurisprudence, arranged in an or derly and systematic manner. For example, the Institutes of Justinian, of Gaius, of Lord Coke. —Institutes of Gains. An elementary work of the Roman jurist Gaius; important as hav ing formed the foundation of the Institutes of Justinian, (q. v.) These Institutes were dis covered by Niebuhr in 1816, in a codex rescrip tu» of the library of the cathedral chapter at Verona, and were first published at Berlin in 1820. Two editions have since appeared. Mackeld. Rom. Law, § 54.— Institutes of Justinian. One of the four component parts or principal divisions of the Corpus Juris Civ ilis, being an elementary treatise on the Roman law, in four books. This work was compiled from earlier sources, (resting principally on the Institutes of Gaius,) by a commission compos ed of Tribonian and two others, by command and under direction of the emperor Justinian, and was first published November 21, A. D. 533 —Institutes of Lord Coke. The name of four volumes by Lord Coke, published A. D. 1628. The first is an extensive comment upon a treatise on tenures, compiled by Littleton, a judge of the common pleas, temp. Edward IV. This comment is a rich mine of valuable common-law learning, collected and heaped to- Lat. INSTITUTE, v. INSTITUTE, n. In the civil law. INSTITUTES.

INSTAR.

Lai Likeness; the likeness,

size, or equivalent of a thing. Hum, like teeth. 2 Bl. Comm. 295. Instar

den

Instar

equivalent or tantamount to alL

omnium,

Id. 146; 3 Bl. Comm. 231.

INSTAURUM. In old English deeds. A stock or store of cattle, and other things; the whole stock upon a farm, including cat tle, wagons, plows, and all other implements of husbandry. 1 Mon. Angl. 548&; Fleta, lib. 2, c. 72, { 7. Terra instaurata, land ready stocked.